K1 visa questions

[Missyterry1982 0]

Can a US citizen living abroad file for a k1 visa?  Also, will the US citizen thats working abroad need a sponsor for the fiance because of not working in the US? 

[Ben&Zian 4,398]

2 minutes ago, Missyterry1982 said:

Can a US citizen living abroad file for a k1 visa?  Also, will the US citizen thats working abroad need a sponsor for the fiance because of not working in the US? 

 

Yes you can file form abroad. Perhaps use a family members address for a US address to receive notifications in the mail?

 

Also, you will eventually need to show US domicile also.

 

And as for co-sponsor, if your embassy allows for a co-sponsor for K-1's, then yes, since you will have to move back to the US you won't have any income really/stable US based income to show, so a co-sponsor would be needed.

 

What country are you going to be going through for this?

[kris&me 572]

a USC working outside the US still is obligated to file tax returns each year worked (exempt for well over $100,000 look up the chart on IRS website)

even with a cosponsor you need to show you have filed tax returns

you need this plus as said before a US residency unless working for federal government or military stationed outside the US   this could parents address but it should be the address you will return to to live in the US as it will be the address immigration  uses for all correspondence plus the visa packet

[Missyterry1982 0]

Thank you all for your response!  I'm living in Germany with my fiance.  So we would be doing this process in Germany.  I was also trying to figure out if it may be beneficial if I moved back to the US to do this process so a co sponsor won't be needed?   Just want this process to go as quickly as possible.  For proof of US domicile is that like showing my social security card, birth certificate, or passport? 

[kris&me 572]

1 minute ago, Missyterry1982 said:

Thank you all for your response!  I'm living in Germany with my fiance.  So we would be doing this process in Germany.  I was also trying to figure out if it may be beneficial if I moved back to the US to do this process so a co sponsor won't be needed?   Just want this process to go as quickly as possible.  For proof of US domicile is that like showing my social security card, birth certificate, or passport? 

no,  proof of domicile is owning a house or rental agreement

the process for financee is faster but not by much these days

and the spouse visa is so much better as the green card to work comes about a month after arrival in US

and the cost of AOS after marriage in US is high 

check the costs of all before you decide

[Ben&Zian 4,398]

2 minutes ago, Missyterry1982 said:

Thank you all for your response!  I'm living in Germany with my fiance.  So we would be doing this process in Germany.  I was also trying to figure out if it may be beneficial if I moved back to the US to do this process so a co sponsor won't be needed?   Just want this process to go as quickly as possible.  For proof of US domicile is that like showing my social security card, birth certificate, or passport? 

 

Domicile is actually having physical ties basically to the US, like livin arrangements/bank accounts, ect. 

 

And as @kris&me stated above, while overseas you still have to file taxes. Even with a co-sponsor, you are still the primary sponsor and have to show an I-134 form with all relevant financial information regardless if you qualify or not. So you do need to either correct/update the taxes or explain if you were under the minimum limit required to file taxes. 

[Missyterry1982 0]

I moved here June of 2017 and I haven't filed my taxes yet but will do so soon, but I'm sure of what I made half the year won't meet the requirements.   I was planning on moving in with my sister when we are able to move to the states so my name won't be on the rental agreement but she was going to be my co sponsor.  Will that still work when filing?   How many years worth of w2's/ returns do they require?  It just seems it may be easier to move back to the states,  start work while this process is going.  Just don't want the heartbreak of having to part for this process...but I'm willing to do what is best in this situation.

[Ben&Zian 4,398]

3 minutes ago, Missyterry1982 said:

I moved here June of 2017 and I haven't filed my taxes yet but will do so soon, but I'm sure of what I made half the year won't meet the requirements.   I was planning on moving in with my sister when we are able to move to the states so my name won't be on the rental agreement but she was going to be my co sponsor.  Will that still work when filing?   How many years worth of w2's/ returns do they require?  It just seems it may be easier to move back to the states,  start work while this process is going.  Just don't want the heartbreak of having to part for this process...but I'm willing to do what is best in this situation.

 

For AOS (adjustment of status) after arrival on the K-1 in the US, the I-864 form requests three years of tax transcripts, so generally that is the advised amount of transcripts/W2's to supply for the I-134 form for the K-1 interview.

I supplied 3 years W2's, 6 current pay stubs, letter from employer stating permanent/full time employment, hourly rate/salary amount, length of employment, ect.

 

 

Edited March 14, 2018 by Ben&Zian

[Missyterry1982 0]

Ok thank you all for your help!!